New User   Login      
Tax Management India .com TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

2015 (12) TMI 1237 - ITAT MUMBAI

2015 (12) TMI 1237 - ITAT MUMBAI - TMI - Treatment of income under the head income from house property - Held that:- This issue has been decided against the assessee and in favour of the Revenue by the Tribunal for assessment years 1999-2000, 2000-2001 and 2001-2002.

Disallowance made u/s 14A of the Act read with rule 8D - Held that:- This issue is no more res integra as the applicability of Rule 8D has been held to be prospective from assessment year 2008-2009 by the decision of the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Court of Karnataka in the case of CIT v. McDowell & Co. Ltd. [2014 (11) TMI 272 - KARNATAKA HIGH COURT] has laid down the ratio that where the assessee, due to certain scheme, made premature payment of deferred sales-tax and on such payment entire liability to pay tax stood discharged, section 41(1) was not applicable. A similar view was taken by the Special Bench of the Tribunal in the case of Sulzer India Ltd. (2012 (8) TMI 203 - ITAT MUMBAI). - Decided in favour of assessee.

Denial .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

n 35D(5A) refers to the transfer before the expiry of the period in a scheme of demerger. There is no clause in the section which debars the assessee from claiming the expenses as a write off on sale of the undertaking. We, therefore, do not find any reason for declining the claim of the assessee. - Decided in favour of assessee. - ITA Nos. 7793 & 7794/Mum/2010 - Dated:- 28-10-2015 - N. K. Billaiya, AM And Amarjit Singh, JM For the Appellant : Shri Y P Trivedi For the Respondent : Shri Sanjeev K .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

3. The first ground relates to the treatment of income under the head income from house property. The assessee is aggrieved by the direction of the CIT(A) to determine the annual value of the property at 12% of the cost of land and building. At the very outset, the Counsel for the assessee fairly conceded that this issue has been decided against the assessee and in favour of the Revenue by the Tribunal vide a consolidated order dated 1st May, 2009 for assessment years 1999-2000, 2000-2001 and 2 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

lly following the finding of the co-ordinate bench in assessee's own case (supra) ground no.1 is dismissed. 4. Ground no.2 with all its sub-grounds relate to the disallowance made u/s 14A of the Act read with rule 8D. 4.1 This issue is no more res integra as the applicability of Rule 8D has been held to be prospective from assessment year 2008-2009 by the decision of the Hon'ble High Court of Bombay in the case of Godrej & Boyce Ltd. Mfg. Co. v. DCIT [(2010) 328 ITR 81 (Bom.)]. We, t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

me, the AO found that in the computation of income at Notes forming part of the computation, the assessee has mentioned that sale-tax deferment loan u/s 38 of Bombay Sales-tax Act, of ₹ 1,19,14,723 has been repaid prematurely on net present value of ₹ 57,97,097 and ₹ 61,17,626 is credited to profit and loss account and the same has been treated as capital receipt. The assessee was asked to explain why the said receipt should not be treated as revenue receipt. The assessee expla .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

benefit, therefore, the same is held to be revenue receipt. The assessee carried the matter before the CIT(A), but without any success. 5.1 Before us, the Counsel for the assessee stated that this issue is now squarely covered by the Decision of the Special Bench of the Tribunal in the case of DCIT v. Sulzer India Ltd. [(2012) 24 taxmann.com 24 (Mum.) (SB)] in favour of the assessee and against the Revenue. The Counsel further pointed out that this issue is also decided by the Hon'ble High .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

inabove. The Hon'ble High Court of Karnataka has laid down the ratio that where the assessee, due to certain scheme, made premature payment of deferred sales-tax and on such payment entire liability to pay tax stood discharged, section 41(1) was not applicable. A similar view was taken by the Special Bench of the Tribunal in the case of Sulzer India Ltd. (supra). Respectfully following the decisions of the Hon'ble Karnataka High Court and the Special Bench, ground No.3 is decided in favo .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

essee had already sold its Steel Division in financial year 2000-2001. The AO was of the firm belief that since the assessee does not have business on which such claim is asked, the same cannot be allowed. The AO accordingly denied the claim of deduction u/s 35D of the Act. The assessee carried the matter before the CIT(A), but without any success. 7.1 Before us the Counsel for the assessee drew our attention to the claim of deduction u/s 35D of the Act, in respect of Steel Division since assess .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

on of an amount equal to 1/10th of such expenditure for each of the ten successive previous years beginning with the previous year in which the business commenced or as the case may be the previous year in which the extension of the undertaking is completed or the new unit commenced production or operation. The past history of the assessee was that there is no dispute insofar as the eligibility criteria of the assessee is concerned. The preliminary expenses were incurred by the assessee in asses .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

transfer before the expiry of the period of 10 years to another Indian company in a scheme of amalgamation and section 35D(5A) refers to the transfer before the expiry of the period in a scheme of demerger. There is no clause in the section which debars the assessee from claiming the expenses as a write off on sale of the undertaking. We, therefore, do not find any reason for declining the claim of the assessee. 7.3 Let us consider this issue from another angle. The preliminary expenses were in .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version